It is not often that we have an opportunity to save a piece of history.

The Dennison Railroad Depot Museum is inviting rail aficionados to help them restore a historic steam engine which was abandoned and vandalized, and has patiently waited 11 years to have a permanent home and be restored back to its glory.

Ownership of the engine has been in question for the past decade. Finally the Fifth District Court of Appeals agreed with Tuscarawas County Common Pleas Court that the engine currently located at the Dennison Railroad Depot Museum can remain at the museum.

Chesapeake & Ohio Engine 2700 has lived quite a life.

It's story begins during World War II when the C&O turned to the 2-8-4 wheel arrangement to handle the fast freight schedule demanded by the war and built a series of engines they named "Kanawhas" after the Kanawah River which paralleled the C & O main line.

Between 1943 and 1947, the C & O purchased ninety, Class K-4, 2-8-4 "Kanawhas", twenty from the Lima Locomotive Works and seventy from the American Locomotive Company. These locomotives were numbered 2700 through 2789. All of these locomotives had 69" diameter drivers, 26" x 34" cylinders, a 245 psi boiler pressure, they exerted 69,350 pounds of tractive effort and each weighed about 292,500 pounds.

The very first steam locomotive in the Kanawha series was Dennison's 2700. Only fourteen K-4 Engines were built by the C & O in 1943, and they were numbered 2700 through 2713.

By mid 1952, the C & O had received enough diesels that it began to retire even the "Kanawhas", which still had service time, and by 1957 all were retired. All but the thirteen that were donated to various cities were scrapped by May 1961, putting the 2700 into an elite group.

The remaining engines include: 2705 on display at the B&O Railroad Museum in Baltimore, MD, the 2707 on display at the Illinois Railway Museum in Union, IL , the 2716 owned by the Kentucky Railway Museum in New Haven, KY, the 2727 on display at the Museum of Transportation in St. Louis, MO, the 2732 on display at the Science Museum of Virginia in Richmond, the 2736 on display at the National Railroad Museum in Green Bay, WI., the 2755 on display in Chief Logan State Park, Logan, WV, the 2756 is on display in Huntington Park adjacent to the War Memorial Museum in Newport News, VA, the 2760 on display in Riverside Park in Lynchburg, VA, the 2776 on display in Jesse Eyman Park in Washington Court House, OH and the 2789 restored at the Hoosier Valley Railroad Museum in North Judson, IN.

The City of Buffalo, NY received number 2701 and placed it on display near the waterfront where vandals wrecked it and it was scrapped. There are twelve surviving C&O 2-8-4 "Kanawha" type locomotives.

For many years, 2700 was displayed in Coonskin Park in Charleston, WV where it was neglected and vandalized. The area where 2700 was displayed was adjacent to the B&O line that ran from Charleston to Sutton. In the early 1970s, the St. Albans Fire Department restored and moved 2700 to St. Albans, WV. When 2700 was moved, it was pulled along this same line to the mainline of the NYC and up river cross the Kanawha at Deep Water approximately 45 miles east of Charleston. It was then brought back down the C&O mainline to St. Albans.

In 1986, the engine was brought to Ohio by S.T.E.A.M., the Silver Throttle Engine Association Museum in Canton Ohio, who had plans to restore the engine. The engine stood for years on the Esber Beverage siding by Timken. Parts were stripped from the engine in the process and many never returned.

Abandoned and on a spur that was to be disconnected by the Wheeling & Lake Erie, the engine was going to move to either the scrap yards or somewhere else. The Dennison Railroad Depot Museum, with the help of the W & LE and Ohio Central Railroad, moved the engine to Dennison. In May of 2009, the Dennison Depot went to court to win ownership. They won the case and the following appeal.

Today, the 2700 proudly stands at its permanent home located at the Dennison Railroad Museum in Dennison, OH, in front of a passenger train which is actually a wing to the Museum. She is considered to be one of the most stripped engines in the country, completely stripped of all the gauges, valves, name plates, windows, bell, and whistle. Some of her parts are in safe storage and are expected to be recovered soon. Others are lost forever.

It is the Museum's plan to cosmetically restore the engine, and if funds are ever available in the future, to fully restore her to working order. Anyone with original parts to the engine are encouraged to contact the Museum.

The Museum invites folks to help with the restoration by contributing $27.00 to her restoration campaign. July 27 has been designated "Engine 2700 Day", where cake will be served to celebrate the engine's permanent home and the first 100 donors will receive a collector's print of the Engine.

Dennison is located halfway between Pittsburgh and Columbus on what was once the famed Panhandle Line of the Pennsylvania Railroad and part of the strategic national defense route. Dennison is known as "Dreamsville USA", a nickname it received during the forties for its Servicemen's Canteen that served 1.5 million soldiers, 13% of all armed personnel. The Depot is listed on the National Register of Historic Places and is currently nominated as a National Landmark in the Home front Category.

The Museum is open year round Tuesday through Sunday with a restaurant, gift shop and static rolling stock including a rare WWII Hospital Car, Caboose and more. A full calendar of events includes Polar Express in December and the American Soldiers Homecoming Festival every August.

Attachments:

2700.jpg [ 221.21 KiB | Viewed 9735 times ]

_________________-A.W.F.Yield not to misfortunes, but advance all the more boldly against them.

Rob Sundberg

Post subject: Re: 2700 finally found a home

Posted: Thu Jul 08, 2010 11:10 pm

Joined: Wed Apr 08, 2009 5:47 pmPosts: 45Location: Homeworth, Ohio

While I contemplate a response, not one which will be easy to muster, I thank BB2666 for posting this. It saves me from doing so, as I have known the outcome for 2 weeks now. While I hope that the 2700 can be put back together and once again become a site to see, the Dennision Museum folks are not on my top ten list of favorite people. The courts have this ALL wrong. Am I glad that it was saved from scrapping by the W&LE, Yes. But to acquire a prize such as this with the situation that it was in at the time, and claiming ownwership by default, which the courts upheld, is just simply wrong. The true owners, one of which I am not, have tried for years to gather the parts and move her back to St. Albans WV. I just deleted the entire rehash of why and how this all happened in my reply as it is all old news, and my frustration grows the longer I dwell on the topic.I will never ever visit the Dennision Museum.They certainly have an in with one or all of the judges in Tuscarawas County.Can I say that here and not get in to a pile of dung? The courts' decision is not based on fact.

Today, the 2700 proudly stands at its permanent home located at the Dennison Railroad Museum in Dennison, OH, in front of a passenger train which is actually a wing to the Museum. She is considered to be one of the most stripped engines in the country, completely stripped of all the gauges, valves, name plates, windows, bell, and whistle. Some of her parts are in safe storage and are expected to be recovered soon. Others are lost forever.

Yeah I think DL&W 565 beats that! We are making good progress but still a long way to go!

Good luck to all involved.

ctjacks

Post subject: Re: 2700 finally found a home

Posted: Fri Jul 09, 2010 10:51 am

Joined: Wed Aug 25, 2004 4:18 pmPosts: 450Location: Illinois

I am surprised this topic hasn't drawn more interest on this and other sites as it covers many issues relevant to this community: what happens when groups make commitments that they can't or won't keep, what happens when a group loses its siding or yard they call home, what exactly it means to "own" or "have title" to a historic piece of railway equipment, and what happens when multiple people or groups have conflicting claims to said equipment. Also, what happens when parties have large amounts of money to litigate such issues.

Here's a question to Mr. Sundberg or others who are privy to the "facts" in this case: who has been paying the (I presume rather substantial) legal bills for the anti-Dennison side of this case for the past several years? I think the answer to this question will put this case in an entirely different light.

Chris.

dinwitty

Post subject: Re: 2700 finally found a home

Posted: Fri Jul 09, 2010 3:44 pm

Joined: Wed Oct 22, 2008 8:18 pmPosts: 2226

I would rather see any ownership hassles resolved and help save the engine, keep it from the scrap heap any way possible.

I had no idea so many C&O 2-8-4's exist today. You wonder why at least one hasn't found its way back to operation...yet...

Please release any grunges and work with the group who now have an even bigger task at hand.

Dave

Post subject: Re: 2700 finally found a home

Posted: Fri Jul 09, 2010 4:44 pm

Joined: Sun Aug 22, 2004 7:19 amPosts: 5537Location: southeastern USA

ctjacks wrote:

Here's a question to Mr. Sundberg or others who are privy to the "facts" in this case: who has been paying the (I presume rather substantial) legal bills for the anti-Dennison side of this case for the past several years? I think the answer to this question will put this case in an entirely different light.

Case? What case? Apparently there was a trial based on somebody's allegations which were opposed to somebody elses..........but that's all that has been mentioned in this thread. I get the sense that some of the posters assume we all know what they think they know about it and don't think they need to fill in the blanks. I also get the sense it has something to do with either legal ownership claims, confused ownership claims, or abandoned property, or something like that..........

I don't know who has dogs in this fight or what breed those dogs are or what kind of fight they are in. If there are issues worth exploring about this, please provide some information so we can understand what they are.

dave

_________________Santayana: "He who does not remember the past is condemned to repeat it."Corollary: "He who does is doomed to watch those who don't repeat it anyway."

Stationary Steam

Post subject: Re: 2700 finally found a home

Posted: Fri Jul 09, 2010 5:16 pm

Joined: Tue Nov 21, 2006 12:04 amPosts: 665Location: Northeast Ohio

I would like to know what the legal basis was for the decision. Was it a case of abandoned property? Foreclosure due to liens on the locomotive? Inability of the St. Albans group to produce a bona fide title? As Dave said, we want facts, not hearsay, not supposition and not interpretations.

I would like to know what the legal basis was for the decision. Was it a case of abandoned property? Foreclosure due to liens on the locomotive? Inability of the St. Albans group to produce a bona fide title? As Dave said, we want facts, not hearsay, not supposition and not interpretations.

Ah, a beautiful AMC (Advisory Mechanical Committee) design, with a lot of unique Chessie touches, notably that low headlight for better visibility in the fogs of the Ohio and Kanawha valleys, and that cast footboard pilot.

There is also a lot of standardization between this engine and 614--same trailing truck, I believe, lot of smaller parts like grate components, Baker valve gear (which was actually made commercially by the Baker-Pilliod company, different valve travels were accomodated simply by travel limit blocks in the valve gear, otherwise all parts were interchangeable, whether the engine was on NYC, C&O, or N&W, or anywhere else), at least some tender parts, likely the stoker (also a commercial item); not a bad choice for running mates. . .

The level of standardization makes sense. That AMC design bureau dated to when the Van Sweringen brothers controlled the NKP, C&O, Erie, PM, and the original W&LE. It's no accident that all of these roads had very similar 2-8-4s and 0-8-0s, and at least two (NKP and C&O) shared postwar passenger car designs. The same people who designed these 2-8-4s also designed the T1 2-10-4 (the NKP 2-8-4 is the T1 shrunk down for manifest service on the NKP), along with the Allegheny, the J3 and J3a 4-8-4, and the L2 4-6-4 (which also shared many components (including the trailing truck, tender and crossheads and guides) with the K4 2-8-4.

2700 Owners

Post subject: Re: 2700 finally found a home

Posted: Sun Jul 11, 2010 9:32 pm

Joined: Sat Jul 10, 2010 5:36 pmPosts: 6

Open Letter to those concerned about the status of the "City of St Albans" 2700 Steam Engine:

I do not intend to try this issue in this forum, however, there are several facts that when given the light of disclosure, will have a significant bearing on the ownership and control of this steam engine.

Let me stipulate that Bill Dean and I appreciate the concern and efforts of those rail fans have shouldered up to this situation including but not limited to the efforts of Mr. Jerry Jacobson and the folks at Dennison Rail Road Museum.

However, receint events regarding the Dennison Group are simply wrong-headed.

It is clear on its face that the Stark County Fifth District Court could only hear facts brought befor it regarding the appeal of Mr. Nick Kallas. Of significance is the portion of the ruling which clarifies that Mr. Kallas purchased the interests of David and Rebecca Bailey. Anyone wishing to view this Stark County Court Decision may do so by going to the Fifth District Decisions.

Dean and I stipulate that we own the 2/3 interest in the engine. As such, the court has no authority to assign our ownership interest without proper notice. To date, no one has ever approached us regarding the engine.

With regard to abandonment, the engine was never at any time abandoned. Dean and I were working with other rail groups to move the engine, which was our property and problem when all of a sudden, without our knowledge or consent, the engine was “saved” by persons who had no interest in the engine. The engine was then sequestered by Dennison under the guise of “displaying and protecting it”.At no time were we ever noticed that they intended to run debt or attempt to acquire ownership interest. In most instances that I know, if you carry off property belonging to someone else it is known as "Grand Theft".

I herein agree with Mr Sundberg that the court has made some serious flaws in judgment in rendering its decision.

Everyone tends to applaud the Saint Albans Firefighters who moved the engine from Coonskin State Park to St Albans. What no one wants to look at, for whatever reason, is that the 2700 Preservation and Restoration Society, Inc., acquired the engine from the Firefighters.

Now let’s look at the 2700 Preservation and Restoration Society, Inc. From the early 80’s until it was leased to Silver Throttle Engine Association Museum of Canton, Ohio, (S.T.E.A.M.)in 1986 the 2700 was in the direct control of this corporation.

When the 2700 Preservation and Restoration Society leased the engine to S.T.E.A.M. the firefighters realized the value of the engine and through a public interest group sued the 2700 Preservation and Restoration Society. Judge Paul Zacaib subsequently ruled that the ownership interest was vested with the 2700 Preservation and Restoration Society and that we had the right to lease the engine to S.T.E.A.M. Be advised that we did not sell the engine to S.T.E.A.M.,,,,,,,,,, it was LEASED!At no subsequent time did we sell the engine. Therefore ownership remained vested with the 2700 Preservation Society.

The Stark County Court also affirmed that ownership interest and voided the lease with S.T.E.A.M.

It is easy to understand where the confusion comes in. Mr. Kallas, ostensibly without doing adequate due diligence purchased the personal interest of David and Rebecca Bailey, and did not in fact purchase the engine. We construed him as a 1/3 interest owner along with us, Dean and Muncy. It is also in the best interest of those who are trying to convert our asset to their own use, to ignore us as long as possible.Once they address the long standing ownership of the engine, they have to deal with us and that is not going to be pleasnat. Unfortunately, several people are going to get egg on their faces because they have attempted to cover up the facts.

It may well be that Mr. Kallas believed he owned the engine and as such operated as though he was the sole owner, even though this fact was not in evidence. Moreover, it is apparent that in his communications with Mr. Jacobson, that he did not provide correct information and therefore Mr. Jacobson was operating with incomplete information.

The most that the Dennison Museum could have acquired is that 1/3 interest. We therefore assert that we have the controlling interest.I am not sure if this site will allow a hyperlink to operate out of this forum, therefore I am providing the link to a site the we maintain where public information is available. It is located at http://www.alco2700.com or “www (dot) alco2700 (dot) com.

Dennison does not need to celebrate with Cake and Ice Cream just yet. We have not given the blessing and expect to defend our position in a legal forum if they do not come to their senses rather quickly.

Anyone who wishes to contact us directly, may contact my cell at 909-549-7110.You may also contact Mr. Dean at 304-727-9371

Thanking each of you in advance for your interest in the best outcome for the “City of St Albans” 2700.

PMM

ctjacks

Post subject: Re: 2700 finally found a home

Posted: Mon Jul 12, 2010 10:42 am

Joined: Wed Aug 25, 2004 4:18 pmPosts: 450Location: Illinois

I am confused - what is/was Jerry Jacobson's involvement in this case?

Also, who paid the (I presume considerable) legal expenses relating to this case?

Chris.

2700 Owners

Post subject: Re: 2700 finally found a home

Posted: Mon Jul 12, 2010 1:34 pm

Joined: Sat Jul 10, 2010 5:36 pmPosts: 6

Dear Chris, (and others)From the court transcripts, Jerry Jacobson was instrumental in causing the engine to be moved from Canton to Dennison.

It is obvious that Mr. Jacobson was operation under false information regarding ownership. From the transcripts, Jacobson believed that his friend Nick Kallas had purchased the engine.

No one has ever done due dilligence to determine that ownership but simply want to move our engine and play with it and then try to convert it to their own use.

In the court transcripts, you will also learn that Nick Kallas bought the interest of David Bailey and Rebecca Bailey. Neither Dean nor I have sold our interests to anyone.

What is glaring in this matter is the fact that the ownership jumps from the St Albans Firefighters and all of a sudden the engine showes up in Canton for restoration.

On March 11th, 1980, the 2700 Preservation and Restoration Society acquired title to the engine from the St Albans Firefighters.

On March 1, 1986, the 2700 Preservation and Restoration Society "LEASED" the 2700 Steam Engine known as the "City of St Albans" to Silver Throttle Engine Association and Museum (S.T.E.A.M.)

In 1986, the St Albans Firefighters realized the engine had value and sued the 2700 Preservation and Restoration Society in an effort to nullify the previous transfer or ownership.

On the 30th day of June, 1989, Judge Paul Zakaib, Jr., in Civil Action No. 86-C-2344ruled, and I quote: "6. Title to the subject property remains vested in the defendant 2700 Society by virtue of its conveyance from the plaintiffs and subject to the terms, conditions and provisions of said contract heretofore executed between the parties."

In the interm, S.T.E.A.M. dismantled the engine and then disbanded leaving the engine in pieces behind Esber Beverage and near Timken.

In order to void the lease and recover the 2700 from S.T.E.A.M., we had to bring an expensive legal action in Stark County known as Case No. 90-1370.

On the 7th day of January, 1991, Judge Klide, Ordered that, and I quote, "it is ORDERED that the Defendant S.T.E.A.M. shall, within fourty-five (45) days hereof, re-assemble said #2700 in such a manner and as necessary to enable Plaintiff (2700 Preservation and Restoration Society) to safely move said #2700 from Canton, Ohio to St. Albans, West Virginia or such other place as Plaintiff shall designate on existing rail tracks ..."

After winning this action against S.T.E.A.M. they failed to comply with the court order and failed to produce the parts.

No one in Ohio would cooperate with our efforts to re-assemble or move the engine.

I have subsequently learned that Mr. Jerry Jacobson purchased, for value, the cars and other rail related equipment which belonged to S.T.E.A.M. He did not purchase the 2700. However, it is apparent through lack of cooperation with the S.T.E.A.M. operatives that they worked with Mr. Jacobson to divert the engine from us to Dennison.

We were aware of the need to move the engine from the Timken Switch and were working to move the engine. I have dated photographs which show the engine on the switch, just a few days before Jacobson moved the engine. Let me stipulatte that We are owners from West Virginia and have dealings with CSX and Norfolk Southern. We have no connections with Wheeling and lake Erie so it was difficult to get the resources moving and hoops jumped that is so common with rail road moves. I had the engine moving to Pittsburgh from the location and all of a suddon the engine disappeared.

Let me couch this in stipulating that it is my belief that Mr. Jacobson was operating under incomplete and inaccurate information as supplied to him by S.T.E.A.M. and others. From the court record I was able to extrapolate that the engine was moved to Dennison with the help of Mr. Jacobson.

{¶23} Mr. Henry further testified once the engine came to be at the TuscoGrocer’s site, Jerry Jacobson told him that a tarp needed to be placed over the engine.Tuscarawas County, Case No. 2009 AP 10 0051 7(T. at 50-51). He further testified that at no time, during any of his phone conversationsor personal meetings with Mr. Jacobson, did Mr. Jacobson ever state that any of these actions concerning this locomotive were done for the benefit of Appellant or that Appellant was the owner of the locomotive. (T. at 51).

{¶24} Jason Johnson, in addition to being a volunteer at the museum, was asalaried employee with the Ohio Central Railroad, which was owned at that time byJerry Jacobson. He stated that it was always his understanding that no one everclaimed ownership of the engine and that the Timken Company took ownership andgave the engine to the museum. (T. at 74). He stated that he was never told by Mr.Jacobson that the engine belonged to Appellant. (T. at 74, 81). He stated that the first time he heard that Appellant was claiming ownership was when this declaratory action was commenced. (T. at 81-82).

{¶25} With regard to the 2700 steam engine, Mr. Johnson testified that therewas always an “unwritten rule” that parts could be taken from the engine and used on other steam engines owned by Mr. Jacobson to keep them running. (T. at 74). He also testified that in 1998 or 1999, he and another man made a trip to a historical museumlocated in Fort Wayne, Indiana, at the direction of Mr. Jacobson, to retrieve all the extra parts belonging to this steam engine, or “jewelry” as they are sometimes referred to, where they sat in a big pile overgrown with weeds. (T. at 74-75). These parts included main side rods, water pumps, air pumps, etc. (T. at 77). He stated that they loaded the parts onto two semi-tractors and brought them back to Mr. Jacobson’s facilities at Morgan Run, where they remain to this day. (T. at 75, 77).All of the parties in the Dennison Activities rely in verbal representations that Nick Kallas purchased the engine from David and Rebecca Bailey. From the same Court decision it is affirmed that:

{¶3} In 1991, the Stark County Court of Common Pleas clarified and ruled thatthe Berkshire Class Steam Locomotive #2700 belonged to the Saint Albans 2700Preservation and Restoration Society, Inc., a non-profit organization in West Virginia.David Bailey was a member of that organization.

{¶4} On or about April 11, 1996, Appellant Nick Kallas entered into a purchaseagreement with David and Rebecca Bailey, personally, for the purchase of theirindividual interest in the engine.

It is therefore very evident that Kallas did not purchase the engine but may have purchased the interest of David and Rebecca Bailey. It doesn’t take a rocket scientist to wonder who owns the remaining interest that was vested with the 2700 Preservation and Restoration Society. Dean and I would aver that we own a 2/3rds interest.

Therefore we believe that the Dennison v Kallas dogfight was over a bone that neither of them owned in the first place. Moreover, Dennison has constructive knowledge that we are asserting our rights but Wendy Zucal still hides her head in the sand and does not want to deal with us.

Shortly after the 2700 was moved to Dennison, without our consent and knowledge, Dean and I met with Jerry Jacobson and others at the Dennison Museum. We were told by Jacobson that he was working with Nick Kallas and he could not determine who the owners were so it was agreed that the engine would be left at Dennison for "Safe Keeping". There was no mention of running any debt for storage or otherwise. We (Dean and I) were in negotiations with several other interested parties to restore the engine as was the initial plan set upon when Dean Bailey and I controlled the engine in St Albans. Ergo the fact that the "jewlery for the 2700" was shipped to Fort Wayne , a professional, experienced, reputable and well financed group.

To that regard, I am herein and under separate notification, placing the Dennison Museum on Notice that we object to the 2700 Day “cake festivities” where she (ZUCAL) is attempting to raise money using an asset that she had dubious position and a serious “legal cloud”.

We would construe that any money to be raised in this manner, using our asset as the carrot, as fraud or misrepresentation.

Let me paraphrase this as follows:You are driving down the interstate and you see a nice Mercedes sitting on the side of the road with a broken wheel. You back up to it with a rollback and drive it to your buddies house and tell him to keep blocked in, "behind a blue flag", in the back yard and oh by the way, tell “him that a tarp needed to be placed over the” car. After the heat is gone in a few years, go to motor vehicles and declare a lien and obtain a title to the “rescued” property.

I would therein allege that the Dennison Rail Road Museum folks have larceny in the heart in the way they are sequestering this property that is not their own and have sued the wrong people to obtain plausible claim to title.We Challenge that.

You may view documents and records at a website we maintain at:

www.alco2700.com

You can contact me at 909-549-7110You can contact Bill Dean at 304-727-9372PLEASE NOTE THAT I MIS-TYPED BILLS NUMBER IN A PREVIOUS POST AS (9371) Please note the correction

Sincerely,PMM

Attachments:

File comment: This is a picture by Dave Ayres that shows the pristine condition of the park engine as she sat at the St Albans Museum.2700 http Dave Ayres Pix.pdf [132.27 KiB]
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